Florida Senate - 2013                                     SB 984
       
       
       
       By Senator Richter
       
       
       
       
       23-01597-13                                            2013984__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         377.24075, F.S.; creating an exemption from public
    4         records requirements for certain information provided
    5         in an application for a natural gas storage facility
    6         permit to inject and recover gas into and from a
    7         natural gas storage reservoir; providing for future
    8         review and repeal of the public records exemption
    9         under the Open Government Sunset Review Act; providing
   10         a statement of public necessity; providing a
   11         contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 377.24075, Florida Statutes, is created
   16  to read:
   17         377.24075Exemption from public records requirements.—
   18         (1) Any information that an applicant provides to the
   19  Department of Environmental Protection pursuant to s. 377.2407
   20  relating to leasing plans, exploration budgets, proprietary well
   21  design or completion plans, geological or engineering studies
   22  related to storage reservoir performance characteristics, field
   23  utilization strategies or operating plans, commercial or
   24  marketing studies, or other proprietary confidential business
   25  information or trade secret as defined in s. 812.081 which could
   26  provide an economic advantage to competitors is confidential and
   27  exempt from s. 119.07(1) for a period of 10 years.
   28         (2) This section is subject to the Open Government Sunset
   29  Review Act in accordance with s. 119.15 and shall stand repealed
   30  on October 2, 2018, unless reviewed and saved from repeal
   31  through reenactment by the Legislature.
   32         Section 2. (1) The Legislature finds that it is a public
   33  necessity that information provided to the Department of
   34  Environmental Protection which relates to leasing plans,
   35  exploration budgets, proprietary well design or completion
   36  plans, geological or engineering studies related to storage
   37  reservoir performance characteristics, field utilization
   38  strategies or operating plans, commercial or marketing studies,
   39  or other proprietary confidential business information or trade
   40  secret provided by a person in conjunction with an application
   41  to establish an underground natural gas storage facility as
   42  defined in s. 377.19, Florida Statutes, be made confidential and
   43  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   44  Article I of the State Constitution for a period of 10 years.
   45  The disclosure of such proprietary confidential business
   46  information or trade secret could injure an applicant in the
   47  marketplace by giving competitors detailed insight into
   48  technical assessments, design, and experience, thereby putting
   49  the applicant at a competitive disadvantage. Without this
   50  exemption, applicants could be less willing to expend or commit
   51  to expend the substantial resources necessary to determine the
   52  feasibility of establishing, permitting, and operating an
   53  underground natural gas storage facility, resulting in limited
   54  opportunities for developing the additional natural gas storage
   55  capacity that Florida critically needs to meet current and
   56  future residential, commercial, and industrial energy needs. The
   57  resulting lack of resources could hinder the ability of electric
   58  utility services to optimize services to their customers and
   59  could adversely affect those customers by depriving them of the
   60  opportunities and energy security that comes with domestic
   61  reserves of natural gas stored underground.
   62         (2) Proprietary confidential business information and trade
   63  secret information derives actual or potential independent
   64  economic value from not being generally known to, and not being
   65  readily ascertainable by, other persons who can derive economic
   66  value from its disclosure or use. The Department of
   67  Environmental Protection, in the course of reviewing and issuing
   68  permitting decisions relating to underground natural gas storage
   69  facility permits, may need to obtain proprietary confidential
   70  business information. Disclosure of such information could
   71  destroy the value of that property, if disclosed within 10 years
   72  after submittal, and could not only cause economic harm to the
   73  applicant providing the information, but the reduced competition
   74  for provision of domestic underground storage of natural gas
   75  could also adversely affect energy utility customers. The
   76  exemption created by this act will enhance the ability to
   77  increase domestic storage of natural gas, thereby creating a
   78  significant benefit to energy utility customers. In finding that
   79  the public records exemption created by this act is a public
   80  necessity, the Legislature also finds that any public benefit
   81  derived from disclosure of the information is significantly
   82  outweighed by the public and private harm that could result from
   83  disclosure within 10 years after submittal of such proprietary
   84  confidential business information.
   85         Section 3. This act shall take effect October 1, 2013, if
   86  SB ______ or similar legislation is adopted in the same
   87  legislative session or an extension thereof and becomes a law.